Taxation of repayable financial assistance in the annual declaration

First of all it is necessary to divide the tax repayable financial aid (the WWF ) on two main criteria. Each of the two criteria corresponding to two variants of the procedure of taxation. The first criterion , which depends on the taxation is who the providers WWF : entity on the total system or any other taxpayer . The second feature - whether the recipient had taxable advance payments of income tax or not.
 
   This is not an extensive explanation of tax PFD , since the issue is extremely voluminous, subsytuatsiy may supply as situational cases will not be discussed . However , this crib covers four fundamental cases that will streamline and comb some fundamental questions about the issue.
 
   Therefore . Let's start with FH who do not pay the advance payments of income tax (because of more banal ).
 
   1.1. According to Article 14 of the TCU pp.14.1.257 p.14.1 during repayable financial assistance to understand the amount of money that came to the taxpayer for use under a contract that does not involve charging of interest or other compensation in the form of fees for the use of such funds , and is required to return.
 
    Amount of interest accrued on the amount conditionally repayable financial aid that is not returned at the end of the reporting period , the amount of the discount rate of the National Bank of Ukraine , calculated for each day of actual use of such repayable financial assistance is non-repayable financial assistance.
 
    Amounts non-repayable financial assistance received by the taxpayer during the reporting tax period are included in the calculation of the tax object in other income ( pp.135.5.4 p.135.5 article 135 CLE ).
 
    For the purposes r.III TCU , the following tax periods: calendar quarter, half , three quarters of a year . The base tax ( reporting ) period for the purpose of this section is the calendar quarter or calendar year after the payment of monthly advance payments in accordance with the procedure established by Article 57 of the TCU p.57.1 ​​( p.152.9 . St.152 PKU ).
 
   Given the above, the taxpayer is in the base tax ( reporting ) period (calendar quarter, half , three quarters of a year ) received from WWF taxable income under the regular tax and if he does not return this LFD ( or part thereof ) at the end such period shall include in taxable income the amount conditionally accrued interest calculated on the amount repayable financial assistance remained sunk at the end of the reporting period, the base , the amount of the discount rate of the National Bank of Ukraine for each day of actual use of such assistance. Please note that this is in any case does not need the declaration for a given tax period, simply return for the year shows the total amount of interest accrued on the amount conditionally repayable financial assistance during the year. If one has a problem with the calculation of this amount , then here are approximate formula :
 
   UNP = ( LFD * FTC * ( NBU/100 )) / 365 ;
 
   UNP - conditionally accrued interest ;
 
   WWF - defaults to the end of the period of the PFD ;
 
   FTC - the number of days of actual use ( the date of actual receipt of funds) ;
 
   NBU/100 - NBU discount rate in percent divided by 100% for the calculation.
 
   1.2. According to article 135 pp.135.5.5 p.135.5 TCU amount repayable financial assistance received by the taxpayer during the reporting tax period that are not returned at the end of the reporting period, from persons who are not subject to this tax (including non-residents ) or persons in accordance with PKU should benefit from the tax , including the right to apply lower tax rates than set p.151.1 st.151 NKU are included in other income in determining taxable income.
 
    If in future reporting periods taxpayer tax returns a repayable financial aid ( part of ) the person who gave such taxpayer increases the amount of such expenses in the amount repayable financial aid ( or portion thereof) on the results of the tax period in which there was such return .
 
    Thus , the income of the taxpayer is not increased by the amount conditionally accrued interest and tax liability of the person who gave repayable financial assistance , do not change as in its issue, and getting back at her .
 
    This paragraph shall not apply to amounts repayable financial assistance received from the founder / participant ( including non-resident) of the taxpayer , in the case of the return of such assistance no later than 365 days from the date of its receipt.
 
    For the purposes r.III TCU , the following tax periods: calendar quarter, half , three quarters of a year . The base tax ( reporting ) period for the purpose of this section is the calendar quarter or calendar year after the payment of monthly advance payments in the manner prescribed by Article 57 p.57.1 ​​CLE ( CLE p.152.9 st.152 ).
 
    Given the above , if a taxpayer is in the base tax ( reporting ) period (calendar quarter, half , three quarters of a year ) received WWF from persons who are not subject to this tax (including non-residents) , or those under TCU should benefit from this tax and not returned it (or part of it) at the end of such period , then the taxpayer must include in income the amount repayable aid ( part of ) the remaining non-performing at the end of the reference period with a corresponding display it as revenue in the annual tax return. When you return to the fiscal periods subsequent reporting of such amount repayable financial aid (part of) the person who gave such taxpayer increases the amount of such expenses in the amount repayable financial aid (part of) the corresponding reflection in the annual declaration. That is, even if the receipt and return occurred in one year , but different base periods , then go to the annual declaration and revenues and expenses. If the grantor is the founder / party shall apply grace (by the way is the basis for reporting on the amount of tax benefits ) period of 365 days from the date of receipt. In this case return of WWF in the base period, which accounts for the end of this period , this amount goes to the income of the relevant law reflected in the cost of the return .
 
   But now consider the situation for taxpayers advance payments of income tax . You can count them if some concessions on the background of the required monthly payment of income tax . For reasons of easier comprehension of information from you will not repeat all the foregoing articles GCC , you are able to re-read the previous paragraph and remain unchanged for performing payers advance payments . But once again focuses your attention p.152.9 st.152 NKU , which defines , for the purposes r.III TCU , the following tax periods: calendar quarter, half , three quarters of a year . The base tax ( reporting ) period for the purpose of this section is the calendar quarter or calendar year after the payment of monthly advance payments in accordance with the procedure established by Article 57 of the TCU p.57.1 ​​.
 
   2.1. So, if the taxpayer advance payments of income tax , which in the base tax ( reporting ) period (year ) received from WWF payer of income tax under the regular tax and if he does not return this LFD ( or part thereof ) at the end of the year , has included in the taxable income amount conditionally accrued interest calculated on the amount repayable financial assistance remained sunk at the end of the year, amounting rate of the National Bank of Ukraine for each day of the actual use of such assistance and displays the amount of such interest at an annual declaration.
 
   2.2. If the taxpayer is in the base tax ( reporting ) period (year ) received WWF from persons who are not subject to this tax (including non-residents ) or persons in accordance with PKU should benefit from this tax and not returned it ( or part of it) at the end of the year , then the taxpayer must include in income the amount of LFD ( part of ) the remaining sunk the corresponding display it as part of the annual income tax return. When you return to the fiscal periods subsequent reporting of such amount repayable financial aid (part of) the person who gave such taxpayer increases the amount of such expenses in the amount repayable financial aid (part of) the corresponding reflection in the annual declaration. If the grantor is the founder / member , the rate of 365 days or which does not disappear. That is, if the term of 365 days for a refund expires next year , after a year , then return to that year , which accounts for the expiration of such period. Therefore, with a strong desire , we have almost 2 years to return . It is interesting to have. If you make more restrictive adjustments.
 
   That's all , thank you for your attention